Notable policies coming into force from the middle of December 2018

1. New regulations on employment contracts

This is a notable content of Decree No. 148/2018/NĐ-CP, which amends Decree No. 05/2015/NĐ-CP on guidelines for the Labor Code and comes into force from December 15, 2018.

According to the Decree, when the employer no longer needs an employee or an employee is old and not healthy enough to work, both parties shall reach an agreement on termination of the employment contract instead of terminating the employment contract without agreement.

Other regulations on employment contracts in Decree 148:

- Both parties to the employment contract may reach an agreement on pay rise or promotion under rules and regulations of the employer or the collective bargaining agreement.

- Both parties to the employment contract may reach an agreement on working time and rest time under rules and regulations of the employer, the collective bargaining agreement or regulations of law.

(It is not required to specify the working time in the employment contract).

2. Contents of an inspection of origins of exports at the manufacturing facility

Circular No. 39/2018/TT-BCT provides for inspection of origins of exports and comes into to force from December 14, 2018.

According to the Circular, the following information shall be obtained during such an inspection:

- The trader’s status such as operating, suspended, transferred, dissolved or bankrupt.

- Conformity of the manufacturing facility or office with registered trader’s information.

- The trader’s business performance, the market of imported materials and exports before the inspection is carried out.

- Production capacity, condition of machinery, storage location, personnel, etc.

3. Petroleum emergency response drill

The Ministry of Industry and Trade has promulgated Circular No. 40/2018/TT-BCT on development and contents of petroleum safety documents.

According to the Circular, a petroleum emergency response drill shall be carried out in the following order:

- Training:

+ General rules and regulations on training in emergency response theory and practice.

+ Training content for each group of employees and jobs.

+ Training plan and program.

- Drills:

+ An theoretical drill must be completed before commencement of petroleum operation.

+ The drill plan shall clearly describe the scenario, tasks, participants, intended time and location, and external participants.

Circular No. 40/2018/TT-BCT comes into force from December 14, 2018.

4. Auctioneers’ code of ethics

The Ministry of Justice has issued Circular No. 14/2018/TT-BTP on auctioneers’ code of ethics

According to the Circular, an auctioneer shall:

- Abide by the constitution and law; work ethically.

- Ensure independence, honesty, transparency, impartiality and objectivity during the auction; do not affect the auction result for any reason.

- Directly conduct the auction; take responsibility to the auctioneering organization for the auction they conducted; pay compensation for the damage caused by the auctioneer’s fault.

- Comply with the auctioneers’ codes of ethics in the Circular and charter of the socio-professional organizations of which he/she is a member.

Circular No. 14/2018/TT-BCT comes into force from December 12, 2018.

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